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ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

Section 128: Enforcement of order of maintenance

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

A copy of the order of 1[maintenance or interim maintenance and expenses of proceedings, as the case may be,] shall be given without payment to the person in whose favour it is

made, or to his guardian, if any, or to the person to 2[whom the allowance for the maintenance or the allowance for

the interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate

being satisfied as to the identity of the parties and the non-payment of the 3[allowance, or as the case may be,

expenses, due].

Footnotes in the official text

  1. 1.Subs. by Act 50 of 2001, s. 4, for “maintenance” (w.e.f. 24-9-2001).
  2. 2.Subs. by s. 4, ibid., for “whom the allowance” (w.e.f. 24-9-2001).
  3. 3.Subs. by s. 4, ibid., for “allowance due” (w.e.f. 24-9-2001).

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

128. Enforcement of order of maintenance.BNSS 147

Questions on this section

1 question in 3 of our papers cite Section 128.

Practise questions on Criminal Law